Senate Study Bill 3204 SENATE FILE BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON KREIMAN) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to civil liability for social hosts providing 2 alcoholic beverages to persons under legal age. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6393XC 82 5 rh/rj/5 PAG LIN 1 1 Section 1. Section 123.92, unnumbered paragraph 3, Code 1 2 2007, is amended to read as follows: 1 3 Notwithstanding section 123.49, subsection 1, any person 1 4 who is injured in person or property or means of support by an 1 5 intoxicated person who is under legal age or resulting from 1 6 the intoxication of a person who is under legal age, has a 1 7 right of action for all damages actually sustained, severally 1 8 or jointly, against a person who is not a licensee or 1 9 permittee and who dispensed or gave any beer, wine, or 1 10 intoxicating liquor to the intoxicated underage person when 1 11 the nonlicensee or nonpermittee who dispensed or gave the 1 12 beer, wine, or intoxicating liquor to the underage person knew 1 13 or should have known the underage person was intoxicated, or 1 14 who dispensed or gave beer, wine, or intoxicating liquor to 1 15 the underage person to a point where the nonlicensee or 1 16 nonpermittee knew or should have known that the underage 1 17 person would become intoxicated. If the injury was caused by 1 18 an intoxicated person who is under legal age, a person who is 1 19 not a licensee or permittee and who dispensed or gave beer, 1 20 wine, or intoxicating liquor to the underage person may 1 21 establish as an affirmative defense that the intoxication did 1 22 not contribute to the injurious action of the underage person. 1 23 For purposes of this paragraph, "dispensed" or "gave" means 1 24 the act of physically presenting a receptacle containing beer, 1 25 wine, or intoxicating liquor to the underage person, or 1 26 deliberately and knowingly making available a receptacle 1 27 containing beer, wine, or intoxicating liquor to the underage 1 28 person with direct knowledge that the underage person intends 1 29 to consume the beer, wine, or other intoxicating liquor, but 1 30 without physically presenting such receptacle to the underage 1 31 person, whose actions or intoxication results in the 1 32 sustaining of damages by another person. However, a person 1 33 who dispenses or gives beer, wine, or intoxicating liquor to 1 34 an underage person, or who deliberately and knowingly makes 1 35 available a receptacle containing beer, wine, or intoxicating 2 1 liquor to an underage person, shall only be liable for any 2 2 damages if the person knew or should have known that the 2 3 underage person was under legal age. 2 4 EXPLANATION 2 5 This bill relates to civil liability for social hosts 2 6 providing alcoholic beverages to persons under legal age. 2 7 Code section 123.92 is amended to extend civil liability to 2 8 a person who deliberately and knowingly makes available a 2 9 receptacle containing beer, wine, or intoxicating liquor to an 2 10 underage person with direct knowledge that the underage person 2 11 intends to consume the beer, wine, or other intoxicating 2 12 liquor and the underage person becomes intoxicated and injures 2 13 another person. Current law provides that a person must 2 14 physically present such receptacle to a person under legal age 2 15 for that person to be liable for injuries caused by that 2 16 intoxicated underage person. 2 17 LSB 6393XC 82 2 18 rh/rj/5